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Home My WebLink About2011-09-15 TOWN OF GROTON PLANNING BOARD Minutes of Regular Meeting - Thursday, 15 September 2011 - 7:30 PM Town Hall Court Room - 101 Conger Boulevard - Groton, NY Members, Groton Planning Board (*Absent) Others Present Edward Neuhauser, Chairperson Gary Coats, Town CEO Monica Carey Joan Fitch, Recording Secretary Barbara Clark *Mark Baxendell Mary K. Gloster John Morey Bret Wyllie Applicants & Public in Attendance Russ DeMond, Applicant; Stephen Lizzo, Applicant; Jeannine Guy, John A. Beck, Robert G. Miller, Lyle Raymond, Ron Space II; Town Councilman Don Scheffler. PUBLIC HEARING Russell Demond, Applicant/Reputed Owner - 908 Old Stage Road - TM #18.-1-43 - Proposed Four-Lot Rural Subdivision Chairman Ed Neuhauser opened the Public Hearing at 7:30 p.m. The Board Secretary read aloud the Public Hearing Notice as published in the Groton Independent on 6 September 2011; Proof of Publication has been placed on file for the record. This matter appeared on the 18 August 2011 Agenda, at which time Attorney Mike Shafer, representing the applicant explained the proposed four-lot subdivision of his client's 178.5± acre parcel, as shown on the map accompanying the application. At that meeting, Conditional Approval was given, pending the outcome of a Public Hearing regarding the proposed subdivision. (Reference is made to those Minutes for details of what was being proposed.) Chairman Neuhauser recognized Ron Space II who explained to everyone present what was being proposed for the subdivision. The end purpose, he stated as one of the purchasers, was to produce cow feed only. Chair Neuhauser then asked if there was anyone present who would like to make any comments regarding Mr. Demond's application for the subdivision of his property; comments were received, as follows: Jeannine Guy - 479 Champlin Road - Concerned about pollution of her well water by spreading liquid manure. Mr. Space explained that he has a SPDES Permit from the NYSDEC to do so, and he must follow strict guidelines as to where and when he can spread liquid manure; they live in an Ag District, where farming is the normal activity. He has to follow the law as far as water quality and tries to do it very responsibly. He encouraged Ms. Guy to keep him informed of planned gatherings, picnics, activities, etc., so his spreading operation would not occur at those times. She stated that she would have to keep her well tested, and was neither in favor of nor opposed to the subdivision. John Beck - 422 Champlin Road - He was "just concerned about Ron staying on his property and stays off of mine." Mr. Space assured him it will "never" happen again. Mr. Beck next spoke about his neighbor's property, Jim Kane(?) where he alleged that Mr. Space had someone mowing hay and they mowed where they shouldn't have. Chairman Neuhauser then asked Mr. Beck to make only comments regarding the DeMond subdivision. Mr. Beck added that all he wanted "you people to stay on your own property. I don't want them on my property, and I know Jim Kane doesn't want them on his property . . . he's renting it. The guy's got a greenhouse back there. He should make sure his people work his own land." Page 1 of 4 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 15 September 2011 With everyone being heard who wished to be heard, Chairman Neuhauser closed the Public Hearing at 7:47 p.m. REGULAR MEETING The Regular Meeting of the Town of Groton Planning Board was called to order at 7:47 p.m. by Chairman Ed Neuhauser. APPROVAL OF MINUTES — 18 AUGUST 2011 A motion was made by Member John Morey to approve the Minutes of the 18 August 2011 Planning Board meeting, as submitted. The motion was seconded by Member Bret Wyllie, with the vote recorded as follows: Ayes: Chair Neuhauser Nays: None Member Clark Member Gloster Absent: Member Baxendell Member Morey Member Wyllie Motion carried. This becomes Action #36 of 2011. OLD BUSINESS Russell Demond, Applicant/Reputed Owner - 908 Old Stage Road - TM #18.-1-43 - Proposed Four-Lot Rural Subdivision Chairman Neuhauser read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Monica Carey that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a Negative Declaration under SEQRA. The motion was seconded by Member Mary Gloster, with the vote recorded as follows: Ayes: Chair Neuhauser Nays: None Member Clark Member Gloster Absent: Member Baxendell Member Morey Member Wyllie Motion carried. This becomes Action #37 of 2011. After a brief discussion discussion, a motion was made by Member Carey to give Final Approval to the four-lot rural subdivision, as requested, with a survey map to be provided for the 8.28± acre parcel. The motion was seconded by Member Gloster, with the vote recorded as follows: Ayes: Chair Neuhauser Nays: None Member Clark Member Gloster Absent: Member Baxendell Member Morey Member Wyllie Motion carried. This becomes Action #38 of 2011. Comments by Mr. John Beck Page 2 of 4 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 15 September 2011 Mr. Beck, who had not asked to be placed on the Agenda, then interrupted the meeting by telling Mr. Space not to leave as he had more to say, and "I want you to hear this." Mr. Space responded that he needed to talk to someone in the hallway, but would return. Member Gloster told Mr. Beck that he was free to discuss anything with Mr. Space outside the meeting room. Mr. Beck then responded, "I want to talk to the Planning Board, too." He continued, "It's freedom of speech. As you can see in the headlines today in the Cortland Standard . . ." Chairman Neuhauser interrupted and asked Mr. Beck if it was related to what was on tonight's Agenda. Mr. Beck answered, "Listen, I'm talking to the Planning Board. The Constitution says I have the right to freedom of speech at a gathering, at a Town meeting." Chair Neuhauser responded that he should notify the Town Clerk to be placed on a Planning Board's Agenda. Mr. Beck: "No, no, no, no. Look, I have the right of freedom of speech and I want freedom of speech. It will only take me three minutes to talk. Am I denied three minutes? You want to take my rights away just for three minutes of speech? " Member Carey then advised Mr. Beck that the Planning Board needed to proceed with their Agenda, and then they would "open the floor up at the end of the meeting." Mr. Beck's response: "Well, I'm not staying until the end of the meeting. I want to talk right now." Member Carey: "We have to go by our Agenda and our Agenda does not have you on here until Other Business." Mr. Beck interrupted: "Alright, I'll go by your Agenda. I was just going to say one thing." Member Carey: "Okay, well wait until the end of the meeting." Mr. Beck continued on: "Mr. Morey and Gary Coats have filed false charges in Tompkins County Court against me. They lied, and it's a felony crime, and I want them two in prison. That's all I got to say. And you denied me my rights to speak. Nobody takes me to court on false charges. Lies. And I want you (indicating Mr. Coats) in prison for a felony crime. There, you've heard me." Mr. Beck left the room. NEW BUSINESS Stephen Lizzo, Applicant/Reputed Owner - 190 Bossard Road - TM #22.-1-4.21 & 4.22 - Boundary Line Change Chairman Neuhauser recognized Stephen Lizzo who wanted to remove the boundary line between his two parcels, thereby combining them into one parcel, as shown on the tax map accompanying the application. CEO Gary Coats clarified that Mr. Lizzo owns Tax Map Parcels #22.-1-4.22, 21.2, and 4.21; these, he stated will all be combined into one parcel. Chair Neuhauser acknowledged that "in accordance with the State Environmental Quality Review Law, the proposed action is a Type II action and is determined not to have a significant impact on the environment, or is otherwise precluded from environmental review under the Environmental Conservation Law, Article 8." With no further discussion, a motion was made by Member Carey to approve the Boundary Line Change as requested. The motion was seconded by Member Morey, with the vote recorded as follows: Ayes: Chair Neuhauser Nays: None Member Clark Member Gloster Absent: Member Baxendell Member Morey Member Wyllie Motion carried. This becomes Action #39 of 2011. Page 3 of 4 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 15 September 2011 Theresa Donlick, Applicant/Reputed Owner - 147 Lick Street - TM #37.-1-1.1 - Site Plan Review for Proposed Tea Room CEO Coats advised that this application was withdrawn by the applicant who asked that her request be placed on hold. No Action Required. Debbie Teeter: Tompkins County Review of Agricultural Districts Cancelled her scheduled appearance due to a conflict. OTHER BUSINESS • CEO Coats reported that a training session on SEQRA was being prepared; if room available, it will be opened to adjacent towns. • Another training session will be October 25th at TC3. New Board members should make every effort to attend. • New Code passed and is in process of filing with the State. Not effective until completion of filing received by Town Clerk. ADJOURNMENT At 8:15 p.m., a motion was made by Member Morey to adjourn the meeting. The motion was seconded by Member Wyllie, with all members present voting in favor. J,Sn E. Fitch, Board Secretary Emailed to Town/Deputy Clerks, CEO Coats, 1 Chair Neuhauser&Board Members on 10/3/11. Page 4 of 4